Cumberland CouncilCivic Centre

B & M Stores

Unit 3B St Nicholas Gate Retail Park, London Road, Carlisle, Cumbria, CA1 2EA

Completed application 032786 which is a Change of Supervisor for Premises Licence from 25/05/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Mandatory conditions are subject to amendment by central government. It is the licence holder’s responsibility to ensure that they are up to date with any changes in legislation.

   

  Mandatory conditions where licence authorises the supply of alcohol

   

  (1)              No supply of alcohol may be made under the premises licence -

   

  (a) at a time when there is no designated premises supervisor in respect of the premises licence, or

  (b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  (2)              The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  The following conditions shall apply from 28th May 2014

   

  (1)              A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

   

  (2)              For the purposes of the condition set out in paragraph 1 -

   

  (a)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6);

  (b)              “permitted price” is the price found by applying the formula -

   

  P = D + (D x V)

   

  Where -

   

  (i)              P is the permitted price,

  (ii) D is the rate of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

   

  (iii)              V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

   

  (c)              “relevant person” means, in relation to premises in respect of which there is in force a premises licence-

   

  (i)              the holder of the premises licence,

   

  (ii)              the designated premises supervisor (if any) in respect of such a licence, or

   

  (iii)              the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d)              “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  (e)              “valued added tax” means value added tax charged in accordance with the Value Added Tax Act 1994(7)

   

  The following conditions shall apply from 1st October 2014

   

                (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

  (3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either -

                (a) a holographic mark, or

                (b) an ultraviolet feature.

   

   

   

   

   

   

  ANNEX 1 - MANDATORY CONDITIONS

   

  Mandatory conditions are subject to amendment by central government. It is the licence holder’s responsibility to ensure that they are up to date with any changes in legislation.

   

  Mandatory conditions where licence authorises the supply of alcohol

   

  (1)              No supply of alcohol may be made under the premises licence -

   

  (a) at a time when there is no designated premises supervisor in respect of the premises licence, or

  (b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  (2)              The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  The following conditions shall apply from 28th May 2014

   

  (1)              A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

   

  (2)              For the purposes of the condition set out in paragraph 1 -

   

  (a)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6);

  (b)              “permitted price” is the price found by applying the formula -

   

  P = D + (D x V)

   

  Where -

   

  (i)              P is the permitted price,

  (ii) D is the rate of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

   

  (iii)              V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

   

  (c)              “relevant person” means, in relation to premises in respect of which there is in force a premises licence-

   

  (i)              the holder of the premises licence,

   

  (ii)              the designated premises supervisor (if any) in respect of such a licence, or

   

  (iii)              the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d)              “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  (e)              “valued added tax” means value added tax charged in accordance with the Value Added Tax Act 1994(7)

   

  The following conditions shall apply from 1st October 2014

   

                (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

  (3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either -

                (a) a holographic mark, or

                (b) an ultraviolet feature.

  ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

   

  ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

  CCTV shall be provided in the form of a recordable system covering the trading area and cash tills.

  The CCTV equipment shall be maintained in good working order correctly time and date stamped. Recordings shall be kept in date order, numbered consequentially and kept for a period of 31 days and copies made available to the police or trading standards officers on request - In order to maintain the security of the CCTV system selected will be trained in the use of the equipment to ensure that any requests for copy images will be completed on request if trained staff on duty or within 24 hours if not; The recording equipment and discs/tapes shall be kept in a secure environment under the control of the DPS or other nominated responsible individual.

  Appropriate signage representative of the above shall be displayed in conspicuous positions;

  B&M will maintain liaison with the neighbourhood police officers regarding any issues relating to the premises.

  The area for display of 'alcohol for sale' shall be no more than 10% of the trading area

   

   

  The Prevention of Crime and Disorder

  Plain clothes security staff shall be employed at the premises as and when deemed necessary by the Licence Holder.

  All Staff will be trained in 'Security Awareness' as part of their induction training.

  Staff to be instructed that alcohol may not be sold to any person who is believed to be drunk.

  Notices to be displayed inside the premises stating that is an offence for any person under 18 years of age to purchase alcohol.

  Notices to be displayed inside the premises stating that a challenge 21 policy is in force.

  B&M operate zero tolerance to aggressive and/or violent behaviour towards staff members.

   

  Public Safety

  The premises shall be subject to regular and on-going risk assessments linked to the physical aspects of the premises.

  A fire risk assessment to be conducted and reviewed regularly in accordance with the requirements  of the Regulatatory Reform (Fire Safety Order) 2005.

  All fire fighting equipment shall be maintained and certificated in accordance with required conditions

   

  The Prevention of Public Nuisance

  The car park area (if applicable) or area immediately in front of the store shall be inspected on a regular basis and management and staff shall use their best endeavours to prevent B&M customers from loitering in the said areas, persons refusing to move shall be subject to a report to the Police to facilitate safe dispersal

   

  The Protection of Children from Harm

  Staff will be trained on induction (and undergo 3-monthly refresher training (in the form of a written test)) in respect of the sale of all age restricted goods (including awareness/prevention of proxy sales, signs and symptoms of intoxication, dealing with refusal of sales and any subsequent confrontational behaviour from customers) - such training sessions to be documented and records  made available to authorised persons from responsible authorities and kept on site for a minimum of two years.

  A challenge 25 scheme will be operated at the premises - the only form of valid identification being passport, photo driving licence, PASS hologram ID card or Her Majesty's Forces Warrant Card - failure to supply such id will result in no sale or supply of alcohol to that person.

  The cash tills used for the sale of alcohol to have the benefit of an electronic "prompt" for operators in respect of age restricted sales.

  To compile and maintain a refusal book (which shall be checked and signed by the DPS or Duty Manager on a weekly basis) containing records of instances/persons that have been refused the sale of age related items on the basis of their perceived age, such records to be made available to authorised persons from Responsible Authorities.